Chapter 2. Recall Of State Officers: Intermediate Steps In The Recall of California Elections Code >> Division 11. >> Chapter 2.
(a) This chapter applies only to the recall of state
(b) In addition to this chapter, Sections 13 to 18, inclusive, of
Article II of the California Constitution and the applicable
provisions of Chapter 1 (commencing with Section 11000) and Chapter 4
(commencing with Section 11300) shall govern the recall of state
Unless and until it is otherwise proven upon official
investigation, it shall be presumed that the petition presented
contains the signatures of the requisite number of registered voters.
Each section of a recall petition shall be filed with the
elections official of the county for which it was circulated.
Each section of the petition shall be filed by the
proponents or by any person or persons authorized, in writing, by a
proponent. Each time an authorized person or persons files a section
or sections of a petition, a copy of the written authorization shall
be submitted to the elections official.
(a) The elections official, 30 days after a recall has been
initiated and every 30 days thereafter, or more frequently at the
discretion of the elections official, shall report to the Secretary
of State all of the following:
(1) The number of signatures submitted on the recall petition
sections for the period ending five days previously, excluding
Saturdays, Sundays, and holidays.
(2) The cumulative total of all signatures received since the time
the recall was initiated and through the period ending five days
previously, excluding Saturdays, Sundays, and holidays.
(3) The number of valid signatures, verified pursuant to
subdivision (b), submitted during the previous reporting period, and
of valid signatures verified during the current reporting period.
(4) The cumulative total of all valid signatures received since
the time the recall was initiated and ending five days previously,
excluding Saturdays, Sundays, and holidays.
(b) Signatures shall be verified in the same manner set forth in
subdivisions (b), (c), (d), (e), (f), and (g) of Section 9030, and in
(c) The elections official, at the end of each 30-day period,
shall attach to the petition a form provided by the Secretary of
State, properly dated, that includes the information required by
subdivision (a), and submit a copy of the petition, except as to the
signatures appended thereto, to the Secretary of State and file a
copy of the form in his or her office.
(d) Notwithstanding subdivisions (a) and (b), and Section 11106,
the elections official shall not be required to verify signatures on
a recall petition until the signatures submitted equal at least 10
percent of the total signatures required to qualify the recall for
the ballot, as determined by the Secretary of State.
Upon each submission, if fewer than 500 signatures are
submitted to the elections official, he or she shall count the number
of signatures and submit those results to the Secretary of State. If
500 or more signatures are submitted, the elections official may
verify, using a random sampling technique, either 3 percent of the
signatures submitted, or 500, whichever is greater. The random sample
of signatures to be verified shall be drawn in a manner that every
signature filed with the elections official shall be given an equal
opportunity to be included in the sample. Upon completion of the
signature verification, the elections official shall report the
results to the Secretary of State pursuant to Section 11104.
Immediately after the deadline for submission of all
signatures, the elections official shall verify any remaining
signatures in the same manner set forth in subdivisions (b), (c),
(d), (e), (f), and (g) of Section 9030, and in Section 9031. This
verification shall apply to all signatures submitted to each county
The elections official, upon the completion of each
examination, shall forthwith attach to the petition a certificate,
properly dated, showing the result of the examination, and submit a
copy of the petition, except as to the signatures appended thereto,
to the Secretary of State and file a copy of the certificate in his
or her office.
When the Secretary of State has received from one or more
county elections officials a petition certified to have been signed
by the stated number of registered voters, he or she shall, within 10
days, transmit to each county elections official a certificate
showing that fact, and showing the total number of signatures
collected by the proponents. The county elections official shall file
the certificate in his or her office.
When the Secretary of State determines that the proponents
have collected sufficient signatures, he or she shall certify that
fact to the Governor.
Upon receiving certification of the sufficiency of the
recall petitions from the Secretary of State, the Governor shall make
or cause to be made publication of notice for the holding of the
election. Officers charged by law with duties concerning elections
shall make all arrangements for the election. The election shall be
conducted, returned, and the results declared, in all respects as are
other state elections.